Regular Meeting of Council
Revised Agenda

Meeting #:
Date:
Time:
-
Location:
Hybrid meeting- virtual and Council Chambers, City Hall

City Council meetings are now being conducted using a hybrid model, allowing members of Council, city staff and the public the option of participating remotely or in-person. We ask for your patience as we work through this new meeting model today. The meeting will be live web streamed, as usual, and archived on the city website.

1.
Call to Order:

 

2.
National Anthem:

 

3.
Land Acknowledgement:

 

4.
Regrets:

 

5.
Proclamations:

 

6.
Recognitions and Achievements:

 

7.
Motion to approve Council Minutes:

 

  • Confirm the minutes of the following meeting of Council:

8.
Presentations:

 

9.
Declarations of Interest:

 

10.
Delegations:

 

In order to speak at a Council meeting, Individuals must register as a delegation no later than noon the day before the meeting. To register, complete the online application at www.burlington.ca/delegation or by submitting a written request by email to the Office of the City Clerk at clerks@burlington.ca


If you do not wish to delegate, but would like to submit feedback, please email your comments to clerks@burlington.ca by noon the day before the meeting. Your comments will be circulated to Council members in advance of the meeting and will be attached to the minutes, forming part of the public record.

11.
Petitions:

 

12.
Recommendations from Standing Committees:

 

12.1
Council Workshop meeting of November 28, 2022

This item has attachments. 
1.2022_11_28_Council_Workshop_Committee_Minutes.pdf

12.2
Corporate Services, Strategy, Risk & Accountability meeting of December 5, 2022

This item has attachments. 
1.120522 Post-Meeting Minutes Corporate Services, Strategy, Risk and Accountability Committee.pdf

a.
Investigation report from Burlington Ombudsman MUN-16507-0222 (CL-38-22)

 

  • Receive and file office of the city clerk report CL-38-22 regarding the investigation from the Ombudsman, file MUN-16507-0222.

b.
Investment Policy (F-10-22)

 

  • Approve the updated Investment Policy as outlined in Appendix A of finance department report F-10-22.

c.
Expenses excluded from the budget (F-39-22)

 

  • Receive and file finance department report F-39-22 regarding expenses excluded from the budget to meet the requirements of Regulation 284/09 Municipal Act, 2001.

d.
2022 to 2023 Group Benefits Renewal (HR-10-22)

 

  • Renew Sun Life as the provider for the city’s group benefits plan including extended health, dental, long-term disability and life insurance for the benefit year December 1, 2022 to November 30, 2023.

e.
Corporate project status reporting – July, Aug, Sept, Oct, Nov 2022 (CM-29-22)

 

  • Receive and file city manager’s office report CM-29-22 providing status reports for designated corporate projects for the period July through November 2022 as detailed in Appendix A.

f.
Financial status report as at September 30, 2022 (F-40-22)

 

  • Receive and file finance department report F-40-22, the financial status report as at September 30, 2022.

g.
Proposed Roads Parks Forestry and Transit Campus Master Plan (EICS-21-22)

 

  • Receive the options presented in environment, infrastructure and community services report EICS-21-22 regarding the expansion of the Roads Parks and Forestry /Transit Master Plan and direct the Executive Director of Environment Infrastructure and Community Services to report back in Q2, 2023 with additional design considerations and costing for accommodating the city’s long term operational needs at this location; and

    Direct the Chief Financial Officer to incorporate the proposed 10-year financial investments required to accommodate the proposed expansion to the Municipal Operations Campus on Harvester Road as part of the city’s long term Multi-year Community Investment Plan (MCIP); and

    Authorize the Mayor and City Clerk to execute the necessary agreements and other related documents or by-laws between the City of Burlington and the Government of Ontario, in relation to the Investing in Canada Infrastructure Program (ICIP) – Transit Stream, should our application for funding towards the initial phase of the transit facility expansion be successful, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel; and

    Direct the Manager of Realty to report back to committee as required on related property leasing and/or purchase opportunities consistent with the long-term needs as per the Municipal Operations Campus Study.

h.
Appointments to standing committees, boards, committees, agencies and Deputy Mayors (MO-03-22)

 

  • Approve the appointments for the 2022-2026 term of office for committee Chairs and Vice Chairs; Deputy Mayor with portfolio; Deputy Mayor for ceremonial and emergencies; and to local agencies, boards and committees as outlined in office of the mayor report MO-03-22; and

    Direct the City Clerk to amend Schedule C of Procedure By-law 31-2021, as amended, to reduce the Council composition on the Audit Committee from three members of Council to two members of Council, and bring forward an amending by-law to the Council meeting of December 13, 2022; and

    Direct the City Clerk to draft appropriate amendments to the Procedure By-law 31-2021, as amended, regarding changes to the Deputy Mayor portfolios and election of Chairs and Vice Chairs of standing committees, and report back to the Corporate Services, Strategy, Risk & Accountability Committee by Q1 2023.

i.
2023 calendar of meetings for Council and standing committees (CL-39-22)

 

  • Approve the revised 2023 calendar of meetings for Council and standing committees attached as Appendix B to office of the city clerk report CL-39-22.

j.
Burlington Lands Partnership Update #2 (CM-28-22)

 

  • Direct the Chief Financial Officer to consider one-time funding of $200,000 as part of the 2023 budget to support the 2023 external due diligence and project management needs of the Burlington Lands Partnership; and

    Direct the City Manager and the Director of Community Planning to schedule a Council Workshop for Q2-2023 on attainable housing and partnership options; and

    Direct the City Manager and the Executive Director of Legal Services and Corporation Counsel to report back in Q4-2023 with a Strategic Land Policy and strategy that includes a municipal policy directive on surplus school sites which will inform the multi-year community investment plan.

k.
2023 rates and fees (F-24-22)

 

See item 17.1 regarding supplementary information.

  • Approve the 2023 rates and fees as outlined in finance department report F-24-22, effective January 1, 2023 unless otherwise indicated with the removal of the new park fees outlined on page 20 of the Rates and Fees Schedule and keeping the base park fees for 2023; and

    Approve By-Law 83-2022, attached as Appendix A to finance department report F-24-22 and repeal By-Law 61-2021 and Amending By-Laws 20-2022, 28-2022, 41-2022, 60-2022, and 74-2022.

l.
Review of staff direction list (CL-37-22)

 

  • Pursuant to section 40 (4) of Procedure By-law 31-21 as amended, Council brings forward staff directions 1-33 attached as Appendix A to office of the city clerk report CL-37-22 to be actioned in the 2022-2026 term of Council.

m.
Proposed new by-law compliance department (BB-15-22)

 

  • Receive and file building and by-law department report BB-15-22 providing background information for upcoming 2023 budget requests.

n.
Confidential status report on the contingency reserve fund as at September 30, 2022 (F-34-22)

 

Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

  • Receive and file finance department report F-34-22 providing the status of the reserve for contingencies as at September 30, 2022.

o.
Confidential legal report - triannual litigation update (L-33-22)

 

Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

p.
Confidential legal report - lease for roads, parks, forestry and transit facility (L-48-22)

 

Pursuant to Section 239(2)(k) of the Municipal Act, a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board and Section 239(2)(c), a proposed or pending acquisition or disposition of land by the municipality or local board.

q.
Confidential legal update on a litigation matter re Millcroft Greens, 2155 Country Club Dr. and 4274 Dundas St. (L-49-22)

 

Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

r.
Confidential legal update on a litigation matter, 40-70 Plains Road East (L-50-22)

 

Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

12.3
Community Planning, Regulation & Mobility meeting of December 6, 2022

This item has attachments. 
1.2022_12_06_Community_Planning_Regulation_and_Mobility_Committee_Minutes.pdf

a.
City-initiated housekeeping amendments to Zoning By-law 2020 (PL-75-22)

 

  • Approve the proposed amendments to Zoning By-law 2020 as outlined in community planning department report PL-75-22; and

    Enact By-law 2020.446 as outlined in Appendix B to community planning report PL-75-22; and

    Enact By-law 2020.447 as outlined in Appendix C to community planning report PL-75-22.

b.
Official Plan and Zoning By-law amendment applications for 1010 Downsview Drive and 355 Plains Road East (PL-79-22)

 

  • Receive and file community planning department report PL-79-22 regarding Official Plan and Zoning By-law amendment applications for 1010 Downsview Drive and 355 Plains Road East.

c.
City-initiated Official Plan amendment and approach in response to Bill 109 "More Homes for Everyone Act, 2022" (PL-69-22)

 

  • Endorse the approach to implement the Provincially mandated changes resulting from Bill 109 as outlined in community planning department report PL-69-22; and

    Approve Official Plan Amendment No. 130 to the City of Burlington Official Plan, as provided in Appendix A of community planning department report PL-69-22, to implement Bill 109 legislation; and

    Deem that Section 17(21) of The Planning Act has been met; and

    Instruct the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 130, as contained in Appendix A of community planning department report PL-69-22.

d.
Burlington Economic Development Performance and Strategy update (ECDEV-02-22)

 

  • Receive and file Burlington Economic Development report ECDEV-02-22 regarding Burlington Economic Development Performance and Strategy Update.

e.
Official Plan and Zoning By-law amendments for 3110 South Service Road (PL-74-22)

 

  • Approve the applications for Official Plan and Zoning By-law amendments, to permit a three (3) storey office building including training facilities and a veterinary clinic; and

    Approve Official Plan amendment No. 131 to the City of Burlington Official Plan, as provided in Appendix D of community planning department report PL-74-22, to increase the maximum permitted floor area ratio and increase the permitted total floor area of an ancillary service commercial use; and

    Deem that Section 17(21) of the Planning Act has been met; and

    Instruct the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 131 as contained in Appendix D of community planning department report PL-74-22; and

    Approve Zoning By-law 2020.448, attached as Appendix E of community planning report PL-74-22, which amends the site-specific “BC1-225” zone of the subject lands; and

    Deem that the amending zoning by-law will conform to the Official Plan for the City of Burlington once Official Plan amendment No. 131 is adopted; and

    State that the amending zoning by-law will not come into force and effect until Official Plan amendment No. 131 is adopted.

f.
Eligibility of 795 Brant Street for Heritage Designation (PL-80-22)

 

  • State an intention to designate the property at 795 Brant Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Heritage Evaluation of 795 Brant Street prepared by AECOM, dated November 23, 2022; and

    Direct the Director of Community Planning to provide notice of Council’s intention to designate 795 Brant Street, in accordance with section 29 (3) and 29 (4) of the Ontario Heritage Act; and

    Direct the City Clerk to present the draft designation by-law to Council for approval within 120 days after the date of publication of the notice of intention to designate 795 Brant Street, provided there is no objection or withdrawal; and

    Direct the City Clerk to take the necessary actions in the event of any objection to the notice of intention to designate pursuant to Part IV of the Ontario Heritage Act, sections 29 (5) and 29 (6).

g.
Update report regarding proposed inclusion of downtown properties on Burlington’s Heritage Register (PL-78-22)

 

  • Direct the Director of Community Planning to add the following list of properties to the Municipal Heritage Register and provide notice to the owner of the property within 30 days, pursuant to section 27(5) of the Ontario Heritage Act, R.S.O. 1990, c. O.18:

    353-355 Brant St
    2010 Maria St
    468 Elizabeth St
    441 Elizabeth St
    436 Pearl S
    488 Locust St; and

    Authorize the City Clerk to take necessary action if there are any objections in accordance with Section 27(7) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 and report back no later than 120 days after notices are sent out presenting all the objections received; and

    Following completion of the Downtown Cultural Heritage Landscapes Study, direct the Director of Community Planning to re-assess the eligibility of the above listed properties for continued inclusion on the Heritage Register and report back to City Council with a recommendation.

h.
City of Burlington Outdoor Patio Program - update for Q4 2022 (PL-76-22, SD-27-22)

 

See item 17.3 regarding supplementary information.

  • Endorse, in principle, the Draft Patio Design Guidelines attached as Appendix B to community planning department report PL-76-22, with modifications as a result of additional stakeholder consultation to be included in a final report to Council in February 2023; and

    Direct the Director of Community Planning to continue the existing patio program into 2023, with associated fee waivers, $2 million liability insurance and no new additional fees; and

    Direct the Mayor to work with the Deputy Mayor of Community Engagement and Partnerships and Deputy Mayor of Recreation and Community Services to convene a stakeholder meeting toward a permanent patio program and support to our hospitality industry; and

    Direct the Chief Financial Officer to report back on the use of the Municipal Accommodation Tax (MAT) for the 2023 season for centrally Managed Patio Walkway System (Appendix B) to furnish the public realm and deliver enhanced safety and support active transportation; and

    Direct the Director of Community Planning to report back in February around options for beautification of traffic barriers, cost options, and funding options; and

    Direct the Director of Community Planning to provide an overview of strategic community development options, including but not limited to a CIP and/or upper level government funding options and anticipated timeframe at the February 2023 CPRM meeting (SD-27-22); and 

    Direct staff to include an annual application fee and any other relevant fees for the Temporary Outdoor Patio Program, for both public and private property, as part of the annual Rates and Fees By-law, to be included in a final report to Council by Q1 2023.

i.
City of Burlington submissions as of November 25 on Ontario’s Housing Supply Action Plan and Bill 23 (PL-82-22)

 

See item 17.2 regarding supplementary information.

  • Direct the Director of Community Planning to provide any additional comments based on feedback at the December 6 CPRM Committee to the Province in advance of Council approval on December 13, 2022.

12.4
Environment, Infrastructure & Community Services meeting of December 8, 2022

This item has attachments. 
1.12_08_2022_Minutes_Environment Infrastructure and Community Services Committee.pdf

a.
Robert Bateman Highschool adaptive re-use project (EICS-20-22)

 

See item 17.4 regarding supplementary information.

    1. Approve the overall proposed Phase 1 facility design/development program budget for the adaptive reuse of the Robert Bateman High School inclusive of the following major elements and gross cost estimates based on Class B design estimates:

    Base Building

    Phase 1 Base Building Construction:               $41,700,00

    Design and Engineering/Other Soft Costs:       $15,000,000

    Total Base Building Construction Cost:             $56,700,00

    Recommended Energy Reduction Incentives:  $5,250,000

    Total Recommended Base Budget:                   $61,950,000

    Optional Enhanced Energy Incentives
    (subject to confirmation of Senior
    Government funding application):                         $10,800,000

    Total Gross Construction Estimated Cost:        $72,750,000

    1. Approve the proposed Capital Financing Plan for the adaptive reuse of the Robert Bateman High School inclusive of the following:

    Proposed Net Capital Financing:

    Tenant Direct Capital Contributions (Cash):       $7,100,00

    Non-Tax Supported Debt Financing:

    Tenant Recovery:                                                $11,750,000

    Special Circumstance Debt (SCD) Financing:    $4,000,000

    Tax Supported Debt Financing:                           $45,900,000

    Senior Government Funding (subject to
    confirmation by Senior Government):                      $4,000,000

    Total Proposed Capital Financing:                       $72,750,000

    Direct the Executive Director of Environmental, Infrastructure & Community Services to proceed with next steps for prequalification of General Contractor and tendering of the phase 1 construction contract in Q1-2023 for the renovation to the Robert Bateman Highschool into a community hub; and

    Direct the Executive Director of Environment Infrastructure and Community Services to report back in Q2 2023 on the process, timelines and estimated capital and operating costs related the Phase 2 facility development inclusive of the new City Community Center and other future community partner uses, the process for naming and branding inclusive of sponsorship opportunities of the new facility; and

    Direct the City Manager and the Chief Financial Officer to report back in Q2-2023 with an update on the Multi-year Community Investment Plan (MCIP) inclusive of the capital costs, financing and estimated timelines for Phase 1 of this project, and consideration of a future Phase 2; and

    Direct the Director of Transit to report back in Q1 of 2023 on an integrated transit plan that includes site facilities, connections to the Go Transit and Burlington Transit networks and active transportation initiatives; and

    That the City Manager report back by Council to verify the net new community space, retained space, and brand new community space through the Bateman project for both phase one and phase 2.

b.
Volunteer firefighter compensation proposal (BFD-04-22)

 

  • Approve the compensation model for Burlington Volunteer Firefighters be changed from the honorarium renumeration (point system) to an hourly rate that would compensate volunteer firefighters in accordance with the minimum wage provisions of the Employment Standards Act as generally described in report fire department report BFD-04-22.

c.
Site engineering resourcing update (EICS-C-05-22)

 

  • Direct the Director of Engineering Services to provide a staff report in January 2023 with options and recommendations related to the immediate resource requirements of the Site Engineering section to effectively deliver the fundamental components for timely review and processing of development application approvals.  This report is to include, but not be limited to the following:

    • Identification of the resources required to meet Site Engineering’s current backlog and projected ongoing high volume of development applications
    • Analysis of resources (staffing/external contracted services) and related operating costs and recommendations based on objective of achieving full fee recovery. To the extent that any net tax-supported funding is required, identify the impact of the recommendations of the report on the 2023 Proposed Operating Budget; and

    Direct the Executive Director of Community Planning, Regulation and Mobility and the Executive Director of Environment, Infrastructure and Community Services to provide a report back in Q2 on the following:

    • An update on all active development applications by application type and application status inclusive of backlogged files and estimated timelines for completion
    • Similar to the Site Engineering report in Jan 2023, present options and recommendations to address the immediate resource needs related to other key functional areas within the development application approval process, including but not limited to Transportation Planning, Planning Implementation and Forestry. The report should also address the known and anticipated impacts on development application processing of new Provincial legislation Bill 109, proposed Bill 23 and any other Provincial legislation changes that may be proposed in the intervening time.

13.
Motion to Approve Standing Committee Minutes:

 

  • Approve the following minutes:

14.
Urgent Business:

 

15.
Motions of Members:

 

16.
Council Information Package:

 

17.
Motion to Receive and File Information Items:

 
  • Receive and file Information items, having been considered by Council:

17.1
Staff memorandum regarding 2023 Rates and Fees Report (F-24-22-1)

This item has attachments. 
1.F-24-22-1 MEMO - Dec 8 2022.pdf

17.2
Staff memorandum regarding follow Up, Bill 23 (PL-82-22)

This item has attachments. 
1.PL-82-22 Council Memo PL-82-22- Dec 13, 2022.pdf

17.3
Confidential memorandum from staff regarding Insurance - Outdoor Patios (L-53-22)

 

Pursuant to Section 239(2)(f) of the Municipal Act, advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

17.4
Memorandum from Tim Commisso regarding Robert Bateman Renovation and Conversion Project - Response to Question by Councilor Stolte on Potential Impact to Future Strategic Lands Acquisition (EICS-20-22)

This item has attachments. 
1.EICS-20-22 - Response to Question by Councilor Stolte on Potential Impact to Future Strategic Lands Acquisition.pdf

17.5
Correspondence from Catherine Wilson regarding Official Plan and Zoning By-law amendment applications for 1010 Downsview Drive and 355 Plains Road East (PL-79-22)

This item has attachments. 
1.Correspondence regarding 355 Plains Rd development_Redacted.pdf

17.6
Correspondence from BILD Halton Chapter regarding City-initiated Official Plan amendment and approach in response to Bill 109 "More Homes for Everyone Act, 2022" (PL-69-22)

This item has attachments. 
1.Correspondence from BILD Halton Chaptor regarding City-initiated Official Plan amendment.pdf

17.7
Correspondence from Julie Farnand regarding Official Plan and Zoning By-law amendment applications for 1010 Downsview Drive and 355 Plains Road East (PL-79-22)

This item has attachments. 
1.PL-79-22 Correspondence 355 Plains Rd- Coletera Development_Redacted.pdf

17.8
Memorandum from Tim Commisso, City Manager regarding EICS-20-22 Robert Bateman Renovation and Conversion Project - Response to ‘Staff Direction’, to provide additional detail on Net New Square Area to City Programs

This item has attachments. 
1.EICS-20-22 Memorandum to Council -Bateman 22-12-09 TC Dec 12 FINAL(1).pdf

18.
Motion to Consider Confidential Items:

 

19.
Notice of Motion:

 

20.
Motion to Approve By-Laws:

 

  • Enact and pass the following by-laws which are now introduced, entitled and numbered as indicated below:

20.1
82-2022: A by-law to stop up and close as public highway.

This item has attachments. 
1.82-2022 By-law to stop up and close PARTS 1 and 2 20R22199.pdf

Delegated authority report DA-84-22

20.2
83-2022: 2023 rates and fees for services, activities or the use of property.

This item has attachments. 
1.83-2022 - 2023 Rates and Fees By-law.pdf

Report F-24-22, CSSRA December 5, 2022

20.3
84-2022: A By-law to adopt Official Plan Amendment No. 131.

This item has attachments. 
1.84-2022 Official Plan Amendment 131.pdf

Report PL-74-2022, CPRM December 6, 2022

20.4
85-2022: A By-law to adopt Official Plan Amendment No. 130.

This item has attachments. 
1.85-2022 Official Plan Amendment 130.pdf

Report PL-69-22, CPRM December 6, 2022

20.5
86-2022: A by-law to amend By-law 31-2021 as amended to provide for the changes to the Council Schedule and Audit Committee Composition.

This item has attachments. 
1.86-2022 Procedure By-law Amendment - Extra Council Meeting reduction of members on Audit._(JBH December 8 2022).pdf

Report CL-39-22 and MO-03-22, CSSRA December 5, 2022

20.6
2020.446: A By-law to amend By-law 2020, as amended .

This item has attachments. 
1.2020.446 - Queensway Zoning By-law Amendment.pdf

Report PL-75-22, CPRM December 6, 2022

20.7
2020.447: A By-law to amend By-law 2020, as amended.

This item has attachments. 
1.2020.447 - Tico Creek Common By-law Amendment.pdf

Report PL-75-22, CPRM December 6, 2022

20.8
2020.448: A By-law to amend By-law 2020, as amended

This item has attachments. 
1.2020.448 - 3110 South Service Rd.pdf

Report PL-74-22, CPRM December 6, 2022

21.
Confirmatory By-law:

This item has attachments. 
1.87-2022 Confirming by-law Council December 13 2022.pdf

  • Enact and pass By-law Number 87-2022 being a by-law to confirm the proceedings of Council at its meeting held December 13, 2022 being read a first, second and third time.

22.
Statements by Members:

 

23.
Motion to Adjourn:

 

  • Adjourn this Council now to meet again at the call of the Mayor.

No Item Selected